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You Can Stop a Wage Garnishment in Missouri and Illinois

14th December 2009
By JamesBrown in Legal
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If you are in debt, you may be getting your wages garnished by a creditor in an attempt to get your debt paid. A wage garnishment is a fairly common tactic used by creditors to collect a debt where they take a portion of your paycheck. They get a garnishment by getting a judgment from a court for a debt that you owe them as a method to get you to pay them back. While they do have a time limit, creditors often get them renewed if your debt still isn't paid in full.

Are there laws in Missouri and Illinoi that govern how much a creditor can take from your check? A creditor is allowed to take up to 25% of your income. It is limited to 10% if you are head of household. These minimums don't apply to every debt. Creditors can take up to 65% if the garnishment is for a child support debt. Your employer isn't allowed to fire you solely based on the garnishment but they will definitely be made aware of your financial trouble, which could be embarrassing.

Luckily, you can stop a wage garnishment. You can stop a wage garnishment immediately by filing for bankruptcy--even those for back child support or alimony. And either chapter 7 or chapter 13 can stop your garnishment. Not only can chapter 7 and chapter 13 bankruptcy in Missouri and Illinois stop a wage garnishment but it can also typically even get the money that was garnished back. You can recover some or all of your garnished wages through preference. You can recover some of your garnished wages through preference. The U.S. Bankruptcy Court defines a preference as, "a debt payment made to a creditor in the 90-day period before a debtor files bankruptcy that gives the creditor more than the creditor would receive in the debtor's chapter 7 case." A preference means that money that was collected by the creditor in a certain period of time before filing (usually 90 days) can be recovered and given back to you.

The protection of the bankruptcy code is powerful and the ability to stop a wage garnishment is just another example. If your wages are being garnished, you would be well-advised to contact a Missouri or Illinois bankruptcy attorney immediately. Often, people aren't sure when to file bankruptcy or when they can say, "enough is enough." If you are at the point of receiving a wage garnishment, it is definitely time to at least look at your options. Most bankruptcy attorneys in your area will offer free consultations but the best bankruptcy attorneys will offer you articles, blogs, and books full of information before you even set foot in the door. Make sure you truly research an attorney that has enough experience to really help you stop your wage garnishment and get a fresh start on your debt.


Missouri Bankruptcy attorney James Brown has been working to relieve the debt of average, hard-working American families for over 15 years. He has dedicated his career to educating consumers about their options for debt relief and has consequently released 5 publications, including, "Get Out of Debt: Secrets Your Creditors Don't Want You to Know." You can find more information by visiting his website at .

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